New Zealand Case Law: Decisions & Judgments | LexChat

New Zealand Case Law

Credit for addiction and mitigation
  • 22 Dec 2020

    CROSS v NZ POLICE [2020] NZHC 3474

    Citation
    [2020] NZHC 3474
    Court
    High Court

    The High Court held that the effective 36 month starting point was excessive due to failure properly to apply totality and the structure of available maximums for component offending; revised starting point of 30 months was appropriate; a 10% deduction was warranted for proven addiction, remorse and rehabilitative effort and a six month guilty plea deduction remained; after deductions the appropriate global sentence is 21 months' imprisonment. Home detention is available and the appellant is granted leave to apply to substitute the sentence for home detention if a suitable address (preferably…